United States v. William Fred Burns

Burns appeals convictions for two robberies in Indian country, 18 U.S.C. §§ 2, 1153, 2111, possession of a firearm, 18 U.S.C.App. § 1202(a)(1), and use of a firearm in the commission of a felony, 18 U.S.C. § 924(e). Burns is an Indian enrolled in a tribe.

In the first robbery, on December 9,1980, Burns and two accomplices robbed a tribal smoke shop located in Indian country. The second robbery also occurred in the smoke shop, in the midst of the first robbery. Burns approached the victim, Fillmore and, at gunpoint, demanded the keys to Fillmore’s car. After Fillmore told Burns that the keys…